THE MICHIGAN PENAL CODE
Act 328 of 1931
750.253 Uttering counterfeit notes as true.
Sec. 253.
Uttering counterfeit notes, etc.—Any person who shall utter or pass, or tender in payment as true, any such false, altered, forged or counterfeit note, certificate or bill of credit for any debt of this state, or any of its political subdivisions or municipalities, any bank bill or promissory note, payable to the bearer thereof, or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment of not more than 5 years or by fine of not more than 2,500 dollars.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.253
FormerLaw Notes:
See section 6 of Ch. 155 of R.S. 1846, being CL 1857, § 5807; CL 1871, § 7636; How., § 9218; CL 1897, § 11664; CL 1915, § 15437; and CL 1929, § 17053.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1965–2026 · leading case:
People v. Perry, 895 N.W.2d 216 (Mich. Ct. App. 2016).
People v. Perry, 895 N.W.2d 216 (Mich. Ct. App. 2016).
· cites it 6× “A jury convicted defendant of two counts of uttering counterfeit notes, MCL 750.253; one *592 count of false pretenses involving $1,000 or more but less than $20,000, MCL 750.”
Rummel v. Estelle, 445 U.S. 263 (1980).
· cites it 2× “267, § 5 (West 1970) (2 to 10 years); Mich. Comp. Laws § 750.253 (1968) (fine or up to 5 years); Minn.”
People v. Brooks, 204 N.W.2d 718 (Mich. Ct. App. 1972).
· cites it 6× “446, and set forth in MCLA 750.253; MSA 28.450, violate the equal protection clauses of the State and Federal Constitutions? It is alleged on the part of the defendant that the equal protection clause guarantees like treat *718 ment for all persons within a class; that the…”
People v. Peace, 210 N.W.2d 116 (Mich. Ct. App. 1973).
· cites it 3× “445 and MCLA 750.253; MSA 28.450. From this defendant argues that the disparate maximum sentences prescribed in these statutes violates the equal protection of the law.”
People v. Brandon, 208 N.W.2d 214 (Mich. Ct. App. 1973).
· cites it 4× “446 and MCLA 750.253; MSA 28.450 violate the Equal Protection Clauses of the State and Federal Constitutions? Defendant’s first allegation of error is predicated upon an alleged violation of the equal protection clauses of the Federal (Am XIV, § 1) and State (art 1, § 2)…”
People v. Beckner, 285 N.W.2d 52 (Mich. Ct. App. 1979).
“” MCL 750.253; MSA 28.450 states: "Any person who shall utter or pass, or tender in payment as true, any such false, altered, forged or counterfeit note, certificate or bill of credit for any debt of this state, or any of its political subdivisions or municipalities, any bank…”
People v. Shears, 269 N.W.2d 519 (Mich. Ct. App. 1978).
· cites it 3× “447 and MCL 750.253; MSA 28.450, which statutes carry a lesser maximum prison sentence.”
People v. Paulus, 328 N.W.2d 659 (Mich. Ct. App. 1982).
“Under MCL 750.249; MSA 28.446, a person may receive a term of imprisonment of up to 14 years for uttering and publishing as true any forged "bill of exchange”.”
People v. Potts, 208 N.W.2d 583 (Mich. Ct. App. 1973).
“448, and MCLA 750.253; MSA 28.450 establishes widely divergent punishment for similar conduct without a rational basis in violation of the equal protection clause of the State and Federal Constitutions.”
People v. Hunn, 137 N.W.2d 275 (Mich. Ct. App. 1965).
“Subsequently, defendant Hunn was arrested and charged with passing a false instrument, in violation of CL 1948, § 750.253 (Stat Ann 1962 Bev § 28.450) because there was no account to pay the check.”
People v. Egleston, 319 N.W.2d 563 (Mich. Ct. App. 1982).
“) The trial judge held that checks drawn by Delta College on its funds deposited in a commercial bank were no different than the checks of a private corporation and were not "notes, certificates, bills of credit issued by lawful authority for any debt of this state, or any of…”
People v. Gray, 207 N.W.2d 161 (Mich. Ct. App. 1973).
“446, and those set forth in MCLA 750.253; MSA 28.450, violate the equal protection clauses of the State and Federal Constitutions.”
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